Bush v. Gore : the equal protection clause and voting rights in the United
States

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Author

Calvo, Michael Javier.

Description

Thesis (M.A.L.S.)--Georgetown University, 2010.; Includes bibliographical references.; Text (Electronic thesis) in PDF format. Voting rights in the United States have expanded and grown the electorate throughout American history. In a similar way, the equal protection clause of the XIV Amendment has experienced an increased application since its ratification in 1868. From that point in history until 2000, there was limited interaction between these two principles. As a result of the 2000 Election and Florida Recount, however, both principles came before the U.S. Supreme Court in Bush v. Gore, and the Court's decision created a relationship that should ensure that they will be bonded together hereafter.; This paper traces the origin of the equal protection clause and growth of its application by the Court with a focus on how it addresses fundamental rights. Additionally, this work tracks the evolution of voting rights in the country after the Civil War that led to the circumstances of the 2000 Election. This includes the administration of the Florida Recount and how the ensuing court cases surrounding alleged equal protection clause violations served as the basis for Bush v. Gore.; Based on the way the events occurred, the Court fused the relationship between the equal protection clause and voting rights. Although the decision came with its share of critics, to ensure that this convergence continues moving forward, this paper argues that - despite the self-proclaimed limited scope of Bush v. Gore - the Court should use the principle that voting rights are fundamental as a precedent for future equal protection clause cases.